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CITY OF WALTHAM v. U.S. POSTAL SERVICE

Nos. 92-1004, 92-1383 and 92-1399.

11 F.3d 235 (1993)

CITY OF WALTHAM, Plaintiff, Appellant, v. UNITED STATES POSTAL SERVICE, Defendant, Appellee. CITY OF WALTHAM, Plaintiff, Appellee, v. UNITED STATES POSTAL SERVICE, Defendant, Appellee. Town of Lexington, Intervenor, Appellant. CITY OF WALTHAM, Plaintiff, Appellant, v. UNITED STATES POSTAL SERVICE, Defendant, Appellee, Town of Lexington, Intervenor, Appellee.

United States Court of Appeals, First Circuit.

Decided December 2, 1993.

Attorney(s) appearing for the Case

John B. Cervone, III, Asst. City Sol., with whom Patricia A. Azadi, Asst. City Sol., Waltham, MA, was on brief for City of Waltham.

William L. Lahey with whom Jonathan L. Weil and Palmer & Dodge, Boston, MA, were on brief, for Town of Lexington.

Mary Elizabeth Carmody, Asst. U.S. Atty., with whom A. John Pappalardo, U.S. Atty., Boston, MA, was on brief, for U.S. Postal Service.

Before BREYER, Chief Judge, ALDRICH, Senior Circuit Judge, and SELYA, Circuit Judge.

BREYER, Chief Judge.

In November 1990, the United States Postal Service decided to buy a 36 acre parcel of land, located in Waltham, Massachusetts, just south of Lexington, near the intersection of two busy highways, Route 128 and Route 2. The Service intends to convert the three buildings now on the property into a 400,000 square foot mail distribution facility. Both Waltham and Lexington oppose the project.

In May 1991, Waltham filed this lawsuit (in which...

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